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2. Affidavit to obtain Judgment under Ord. XIV. upon Writ of Summons specially indorsed with Claim for Forfeiture for Non-Payment of Rent (b).

[Title, &c., of action as usual.]

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-], the above-named plaintiff, make oath and say

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1. The defendant C. D. is justly and truly indebted to me in the sum of £, for arrears of rent of the [dwelling-house and] premises, known [at], -], in the [county] of ——, and was so indebted at the commencement of this action. [I am also entitled to possession of the said premises by reason of the matters hereinafter stated.]

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2. The said defendant became my tenant of the said [dwelling-house and] premises under an indenture of lease [or agreement in writing] dated -, and made between myself and the said defendant. The counterpart of the said indenture [or agreement] is now produced and shown to me and marked A.

3. By virtue of the proviso in the said indenture [or agreement] contained for re-entry or forfeiture upon default being made of payment of the rent thereby reserved [whether legally demanded or not], I am entitled to the possession of the said [dwelling-house and] premises by reason of the non-payment of the aforesaid arrears of rent, and I was so entitled at the commencement of this action.

[4. If the proviso for re-entry does not expressly dispense with a legal demand of the rent, the affidavit must also show, or there must be a separate affidavit showing, that such legal demand was duly made, or that the case falls within the provisions of the C. L. P. Act, 1852, s. 210. In the latter case, paragraph 7 of form No. 2, ante, p. 620, may be used.]

5. The particulars of my said claims for rent and possession appear by the indorsement on the writ of summons in this action.

6. I verily believe that there is no defence to this action.

Sworn [&c., as usual; see “Affidavits ”].

3. Order under the Conveyancing Act, 1881, for Relief from Forfeiture, where the Breaches of Covenant have been remedied before the Application for Relief (c).

[Formal parts as usual.] It is ordered that upon the defendant within.

days from the date hereof paying to the plaintiff or his solicitor

(b) See n. (a), supra. As to proceedings under Ord. XIV., see ante, pp. 85 et seq. Relief after Judgment.]—By Ord. XIV., r. 10 (R. S. C., January, 1902, r. 3), "A tenant shall have the same right of relief after a judgment under this Order for recovery of land on the ground of forfeiture for non-payment of rent as if the judgment had been given after trial." As to relief from forfeiture for non-payment of rent, see ante, pp. 621, 622.

(c) See ante, p. 618.

£, being the amount of the rent of the premises referred to in the indorsement on the writ of summons [or in the statement of claim] herein up to, 19, and also £for the plaintiff's expenses (including surveyor's fees and notice under the Conveyancing Act, 1881) and for damages and compensation, and also within days after taxation paying to the plaintiff's solicitor the costs of this action, including the costs of and consequent upon this application and order [to be taxed and paid as between solicitor and client], the defendant be relieved from the forfeiture relied on in the indorsement on the writ of summons [or in the statement of claim] herein. And it is further ordered that in default * of any of such payments being made within the times aforesaid, the defendant's application for relief, dated be dismissed with costs [and that the plaintiff be at liberty to sign judgment herein for possession of the premises referred to in the indorsement on the writ of summons (or in the statement of claim) herein, and also for £- for arrears of rent, and also for damages for breaches of covenant and mesne profits to be assessed, and also for the costs of this action, including the costs of and occasioned by this application, to be taxed].

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4. Order for Relief, conditional on the Defendant remedying the

Breaches of Covenant.

[Formal parts as usual.] It is ordered that upon the defendant within [weeks] from the date hereof [or before the

next] complying

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the breach

with the covenant to repair contained in the lease dated whereof is complained of in the indorsement of the writ of summons [or in the statement of claim] herein, by putting, at his own expense, the premises therein referred to into such repair as is required by the said covenant to the satisfaction of S. S., of [or of a surveyor to be agreed on between the parties within days from the date hereof, or in default of such agreement to be nominated by the Judge in Chambers], such satisfaction being expressed in a certificate to be granted by the said S. S. [or surveyor] within the time [or before the date] aforesaid and upon the defendant before or within days after the granting of the said certificate paying to the said S. S. [or surveyor] the amount of his proper fees and charges: and upon the defendant within days from the date hereof paying to the plaintiff or his solicitor [&c., continue as in the preceding form to the end, but in the last clause, after the word default, insert the words, of the defendant complying with the above terms and putting the said premises into such repair as aforesaid within the time aforesaid, or in default (of any such payments, &c.)]. And it is further ordered that either party be at liberty to apply to the Judge in Chambers. Dated

5. The like Order, where the Summons is adjourned for the Defendant to remedy the Breaches of Covenant.

[Formal parts as usual.] It is ordered that the defendant's summons for relief, dated, be adjourned generally [or for or until after

-], with a stay [meanwhile] of proceedings in this action, except as to the matters hereinafter mentioned, but with liberty to either party to apply to the Judge in Chambers: the defendant undertaking within [one week] from the date hereof to pay to the plaintiff or his solicitors £ ,being the amount of the rent in respect of the premises referred to in the indorsement on the writ of summons [or statement of claim] herein up to last, and also to pay to the plaintiff's solicitors the amount of the rent in respect of the said premises to fall due on

day and also undertaking on or before

:

next, on or before that next at his own cost to

put the said premises into repair in accordance with, and to do all that is required by, the repairing covenants contained in the lease referred to in the said indorsement [or statement of claim] to the satisfaction of S. S., of [or of a surveyor to be agreed on by the parties within days from the date hereof, or in default of such agreement to be nominated by the Judge in Chambers], such satisfaction to be expressed in a certificate to be granted by the said S. S. [or surveyor] and also undertaking to pay to the plaintiff's solicitors within days after taxation the plaintiff's costs, charges and expenses of this action, and of and occasioned by this application and order, to be taxed as between solicitor and client, and to include the fees of the surveyor employed by the plaintiff before action and the costs of the notice given under s. 14 (1) of the Conveyancing Act, 1881, all which costs are hereby ordered to be taxed [forthwith]: and also undertaking to pay the fees of the said S. S. [or the said surveyor to be agreed on or nominated under this order] before or within days after the granting of his said certificate. And it is further ordered that in the event of the defendant performing all his said undertakings [and of his paying any further costs that he may hereafter be ordered to pay] the defendant be relieved from the forfeitures referred to in the said indorsement on the writ of summons [or statement of claim] herein, but that if default be made in performing any of the said undertakings the plaintiff be at liberty to sign judgment herein for possession of the said premises, and also for £ arrears of rent, and for damages and mesne

profits to be assessed, and costs of action to be taxed, including the costs of and occasioned by this application and order.

Dated

INDEX.

(See also Table of Contents," ante, pp. vii. et seq.)

A.

Abatement, plea or defence in, abolished, 100.

solicitor's certificate of, 517.

during appeal to House of Lords, 507.

Abode. See "Address."

Abroad:

affidavit for leave to issue writ for service abroad, 51.

order giving leave to issue such writ against British subject, 54; against
foreigner in foreign country, 54.

writ of summons, where same or notice thereof is to be served abroad, 54;
from district registry, 763.

the like, if specially indorsed, 56; from district registry, 764.

notice of writ in lieu of service abroad, 57; from district registry, 765.

application to set aside writ for service abroad, 58; order thereon, 58.

examination of witnesses abroad, by commission, 305; by letter of request,
318; by mandamus, 320; by special examiner, 324.

examination of witness intending to go abroad, 288 et seq.

examination of witnesses in England upon matters pending before tribunal
abroad, 302.

proceedings to obtain arrest of defendant intending to go abroad, 772 et seq

Abuse of process, application to dismiss action as being, 182.

Acceptor of bill, action, &c., against. See "Bills of Exchange."

Accident, order against plaintiff for particulars of alleged, 192.

particulars required in action for death by, 187.

application for medical examination of plaintiff in railway accident case, 228;

order thereon, 228.

Accord and Satisfaction, defence of, 118.

Account, indorsement on writ for, 40.

Acknowledgment of title to bar statute of limitations, 615.

Acknowledgment of satisfaction of judgment, 386; of lis pendens, 486.
Action, notice of, 23.

Actions, consolidation of, 201.

Adding plaintiff or defendant, proceedings for, 511 et seq.; amendment by, at

trial, 353.

Address of Solicitor :

indorsement of, on writ of summons, 34; on writ of execution, 392.

Address of Plaintiff :

indorsement of, on writ of summons, 34.

Address of Defendant :

statement of, in memorandum of appearance, 71, 72.

application to set aside appearance, giving fictitious, 73.

Administration decree, transfer of action against executor after, 206.

Administrators. See "Executors and Administrators."

Admission to sue in formâ pauperis, 595.

Admission of Documents :

notice to opposite party to admit, 238.

admission pursuant to notice, 239.

admission otherwise than under notice, 241.

mutual admissions and agreement for reading copies, 241.

Admission of Documents-continued.

affidavit of signature to admissions, 236, 240.

affidavit of service of notice to admit, 242.

judge's certificate that refusal to admit was reasonable, 354.
notice of intention to prove will by probate, 240.
counter-notice that validity of devise is disputed, 241.
Admission of Facts:

notice of admission, not pursuant to notice to admit, 234.
notice to admit facts, 235.

admission of facts pursuant to notice to admit, 235.

affidavit of signature of admissions signed in deponent's presence, 236; sigued

when deponent not present, 237.

summons for judgment on admissions, 237.

motion for judgment on admissions, 237.
judgment thereon, 237, 371, 372.

Adverse Claims, 703 et seq. See "Interpleader."
Advertisement, service by, 79.

Affidavits in General:

general form of, when sworn in an action, 744.

the like, when sworn in a matter, 747.

the like, when sworn by two or more deponents, 747.

the like, when sworn by solicitor to party in action, 747.
the like, when sworn by solicitor's clerk, 748.

the like, with an exhibit, 748.

affirmation instead of an affidavit, 749.

interlineations, alterations and erasures, 749.
form of jurat:

sworn in court, 749.

sworn before judge, 750.

sworn before master, 750.

sworn before district registrar, 750.

sworn before officer of court, 750.

sworn before commissioner in England, 751.

sworn before commissioner in Scotland or Ireland, 751.

sworn before justice of peace in England, 751.

sworn before magistrate in Scotland or Ireland, 751.

sworn before a commissioner by illiterate or blind person, 752.
sworn by foreigner through interpreter, 752.

on re-swearing affidavit, 752.

memorandum to be indorsed on irregular affidavit, if received, 753.
Affidavit of Documents:

general form of, 248; on behalf of company or other body, 249.
forms of objection to produce, to be inserted in:

professional communications with legal advisers, 250.

the like between solicitor and client through agents, 250.

documents prepared at party's instance for purpose of his obtaining legal
advice in view of litigation, 251.

communications between solicitor and third persons for purpose of
obtaining evidence in action, 251; the like between client and third
persons, 251.

documents prepared by solicitor for purposes of another action, 252.
documents procured by solicitor for purposes of litigation, 252.

documents relating solely to party's own case, 253.

documents not in party's sole possession or power, 253.

documents in his possession or power as agent, 253.

documents tending to incriminate, 253.

documents establishing a forfeiture, 254.

documents privileged on public grounds, 254.

claim to seal up part of document, 255.

application for, 247; against corporation or company, 247; order for, 257.
further and better, application for, 255; order, 257; form of affidavit, 255.
as to specific documents, application for, 255; affidavit in support, 256 ;
order for, 258; form of affidavit, 256.

Affidavit for defendant's arrest under Debtors Act, 1869, s. 6, in ordinary action,

772; in action for penalty, 774.

Affidavit of execution of cognovit or warrant of attorney, 671, 676.

Affidavit of merits to set aside judgment in default, 83.

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